Civil Litigation Attorney in South Carolina

In short, a South Carolina civil litigation attorney is an attorney that practices civil laws in civil court. Civil law is the branch of law that regulates the non-criminal rights, duties of persons, and equal legal relations between private individuals.

In other words, civil laws address the behaviors of one party that cause some injury or harm to another individual or other private party or matters related to interpersonal issues, such as family matters, estate planning, property matters, or guardianship.

In general, most civil law cases in South Carolina are tort cases. Although the exact definition of what is considered to be a tort varies by state, the legal term “tort” in South Carolina refers to cases involving claims that are related to wrongful acts by one party that result in injury or harm to another person or their property.

As noted above, tort cases can be based on negligence, intentional wrongdoing, or strict liability. If a tort is committed, South Carolina law grants the victim of the tortious act the legal right to civilly sue the person who allegedly harmed them. This right to sue is known as a “cause of action.”

Examples of the most common types of cases heard in South Carolina civil courts that pertain to civil laws include:

• Cases that involve the negligent actions of another person, such as motor vehicle accidents;
• Cases that involve the fraudulent actions of another person;
• Cases that involve harming property, such as property destruction matters;
• Cases that involve intentional physical torts such as civil battery or assault;
• Cases that involve intentional property torts such as conversion or other theft crimes;
• Cases that involve emotional torts, such as defamation, libel, slander, and/or an invasion of privacy.

In addition to the above tort cases, the other major types of cases that make up a significant portion of South Carolina’s civil court’s caseload are cases regarding family law and administrative law matters.

Examples of family law matters heard by South Carolina civil courts include issues surrounding:

• Visitation and custody of children;
• Spousal maintenance or alimony;
• Child support;
• Guardianship matters;
• The loss of parental rights;
• Paternity and adoption;
• Child abuse and child neglect matters.

When to Hire a Civil Litigation Attorney?

In general, it is advised to consult with an attorney as early as possible if you are having a legal issue that you believe may necessitate a lawsuit. This is because consulting an attorney early on in your case can result in fewer legal issues arising later on.

A local South Carolina lawyer will be most familiar with South Carolina’s civil laws and statutes, as well as the entire civil procedure process involved in pursuing a civil lawsuit against another party. As such, an attorney will be able to advise you of the best course of legal action in order to give you the best opportunity to resolve your legal issues favorably.

An attorney will be able to assist you in identifying the party responsible for your damages and help you hold them responsible for their tortious actions. Further, if your civil matter is a family matter, an attorney will also be familiar with the laws and civil process involved in pursuing those matters as well.

What to Expect from Your Civil Law Attorney?

As far as what you can expect from your civil law attorney, you should expect your attorney to be able to handle all of the major aspects of your civil case. The exact major aspects of your case will depend on your specific case.

Generally speaking, an attorney will be able to represent you throughout all phases of your lawsuit, including:

• Pre-lawsuit Phase: During this phase, your attorney will meet with you, get an understanding of your legal issues, and answer any questions you may have.
  • You and the attorney may then agree to enter into a formal contractual relationship.
  • Your attorney will then attempt to resolve your case without the necessity of filing a lawsuit, such as by sending a demand letter;
  • If your attorney is unable to resolve your case without a lawsuit, they will then draft the necessary lawsuit and properly serve it on the defendant;
• Pre-trial Phase: During this phase, your attorney will mostly conduct discovery, which is the formal process by which one party will serve requests upon the other party or parties involved in the lawsuit to gather information to support their claims.
  • Your attorney will also be able to represent you at any in-person proceedings prior to a final trial, such as handling pre-trial motions or temporary hearings;
• Trial Phase: If your case is not settled prior to your trial date, then a civil litigation lawyer will be able to represent you in court in front of the judge or jury;
• Post-trial Phase: After trial, you may still wish to keep your attorney in order to help you collect damages, disburse funds, or file an appeal if needed.

In addition to all of the above, the main thing that you should expect of your civil attorney is that they will keep you well informed of your case. This means that you should always expect your civil attorney to inform you of all of your settlement options and possible case resolutions, provide billing statements, and, most importantly, keep you informed of the current status of your case. In fact, attorneys are obligated to keep their clients informed of their cases.

How Much Does a Civil Attorney Cost?

As far as the total cost of your civil attorney, the cost of civil suit lawyers will vary widely based on the particular of the case and a number of other factors, including:

• The area of law that the attorney practices;
• The areas of law that the plaintiff’s individual claim encompasses;
• The attorney’s level of experience, such as whether or not they are bar-certified;
• The attorney’s reputation in the industry;
• The difficulty of the case;
• The location in which the attorney practices, as different cities have different cost averages
  • For instance, attorneys who practice in Charleston and Columbia may have different rates than attorneys who practice in less populated cities;
• The total amount of time that is spent either pursuing or defending the lawsuit.

In general, the most important factor in calculating the total cost of a civil attorney is the amount of time that it will take to finish the case. This is because in civil lawsuits, almost every contract that is executed between clients and an attorney are hourly fee agreements.

This means that the majority of fees associated with the total cost of your attorney will be the amount of time that they spend working on your case. For instance, if an attorney’s hourly fee is $300 per hour, then the cost could be $3,000 after 10 hours of the attorney’s time spent working the case.

Do You Need a Civil Attorney?

As can be seen, there is a wide range of legal issues encompassed by civil laws in South Carolina. As such, if you are involved in a civil lawsuit in South Carolina or are seeking to file a lawsuit as a result of a legal issue you are facing, then it is in your best interests to immediately consult with an experienced civil litigation attorney in South Carolina.

A civil litigation attorney will be able to help you determine the specific laws that apply to your legal issues, as well as help you determine your best course of legal action. An attorney can also answer any questions that you may have regarding the issues you are facing. LegalMatch can assist you in locating an attorney and setting up an initial consultation.

An experienced attorney will be knowledgeable about South Carolina’s civil laws and civil procedure. This means that the attorney will be able to represent you throughout the entire legal process, from pre-lawsuit to post-lawsuit. Finally, an attorney will also be able to represent your interests in court, as needed.